RANA PRATAP Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who is the General Manager (Works) of a limited Company, known as Usha Martin Black (Wire Ropes), has filed this application for quashing a Criminal Proceeding taken against him, which is at present pending in the Court of the Sub-Divisional Judicial Magistrate, Ranchi. The said proceeding started on a complaint filed before the Chief Judicial Magistrate, Ranchi, by the Labour Officer, Ranchi (Opposite party No. 2) for his prosecution tinder Section 33(1) of the Industrial Disputes Act, 1947, for his alleged violation of the provisions of Section 33(1) of the Act.

(2.) The facts giving rise to the institution of the above case are that the Secretary of the Engineering Mazdoor Sabha, Ranchi, sent a letter to the petitioner objecting to the suspension of nine workmen of the Company on the ground that their suspension was mala fide. The nine workmen in question are said to have been suspended by the petitioner Company in course of a domestic inquiry for acts and charges of resorting to violence and throwing stones, brick-bats and bombs, etc. at the Company's Watch & Ward personnel and the police posted at the factory gate on 15-4-1973. The suspension order was issued on 19-4-1973. The Assistant Commissioner of Labour and Conciliation Officer, Ranchi, made efforts to conciliate the dispute between the parties, but he having failed, a failure report was submitted to the Government on 20-6-1973 under Section 12(4) of the Act. The stand of the Company in the said proceeding was that suspension pending inquiry being not a dispute within the meaning of the Act, the conciliation proceeding should be dropped. Thereafter some attempt was also made for a fresh conciliation by the Joint Labour Commissioner and Conciliation Officer, Bihar, Patna (Opposite Party No. 3), but in the meantime the workmen were dismissed by the petitioner by his order dated 28-1-1974. The State Government then made a reference to the Labour Court, Ranchi, for adjudication of the dispute with respect to the dismissal of the aforesaid workmen. A petition of complaint, a copy of which is Annexure "1" to the writ application, was then forwarded by the Labour Officer, Ranchi, to the Chief Judicial Magistrate, Ranchi, which was taken up on 23-12-1974 and cognizance was taken by him under Section 33(1) of the Act against the petitioner and the case was transferred for disposal to the Court of the Sub-Divisional Judicial Magistrate of the same place.

(3.) Section 31(1) of the Industrial Disputes Act makes every employer punishable with imprisonment for a term which may extend up to six months or with fine up to Rs. 1,000.00 or with both, if he contravenes the provisions of Section 33.